THIRD SECTION
DECISION
Application no. 48614/12
Krstina MUTAVDŽIĆ against Serbia
and 16 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 25 November 2014 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 28 July 2012 and 16 November 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. They were all represented by Mr. I. Kalić, a lawyer practicing in Novi Pazar. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 15 October 2013 and 20 January 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Appendix
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
48614/12
28 July 2012
Krstina MUTAVDŽIĆ
14 April 1960
Serbian
Municipal Court in Novi Pazar
1. P.1. 105/03 of 27 May 2003
2. P.1. 569/05 of 22 November 2005
3. P.1. 633/06 of 27 October 2006
4. P.1. 188/07 of 09 July 2007
Municipal Court in Novi Pazar
1. I. 560/03 of 08 August 2003
2. I. 102/06 of 14 February 2006
3. I. 434/07 of 29 March 2007
4. I. 1949/07 of 10 December 2007
52151/12
04 August 2012
Dragiša BELIĆ
19 April 1952
Serbian
Municipal Court in Novi Pazar
1. P.1. 530/04 of 12 July 2004
2. P.1. 729/06 of 30 November 2006
Municipal Court in Novi Pazar
1. I. 264/06 of 03 April 2006
2. I. 1384/07 of 06 July 2007
52958/12
02 August 2012
Ivanka TANASKOVIĆ
02 August 1958
Serbian
Municipal Court in Novi Pazar
1. P.1. 69/97 of 09 December 1997
2. P.1. 690/04 of 09 November 2004
3. P.1. 277/06 of 27 July 2006
4. P.1. 163/07 of 15 May /2007
Municipal Court in Novi Pazar
1. I. 632/04 of 08 July 2004
2. I. 1262/05 of 27 December 2005
3. I. 117/07 of 21 February 2007
4. I. 1402/07 of 16 July 2007
53248/12
14 August 2012
Radmila MILANOVIĆ
26 July 1966
Serbian
Municipal Court in Novi Pazar
1. P.1. 866/04 of 12 January 2005
2. P.1. 422/06 of 30 March 2006
Municipal Court in Novi Pazar
1. I. 1555/05 of 27 December 2005
2. I. 1007/06 of 10 April 2006
54272/12
13 August 2012
Ramiza ZENOVIĆ
08 February 1962
Serbian
Municipal Court in Novi Pazar
1. P.1. 436/04 of 25June 2004
2. P.1. 478/05 of 03 March 2006
Municipal Court in Novi Pazar
1. I. 1072/04 of 24 December 2004
2. I. 450/06 of 10 May 2006
54277/12
13 August 2012
Zora PUZOVIĆ
30 April 1964
Serbian
Municipal Court in Novi Pazar
1. P.1. 987/04 of 06 October 2004
2. P.1. 545/06 of 05 April 2006
3. P.1. 22/07 of 07 April 2007
Municipal Court in Novi Pazar
1. I. 1285/05 of 27 December 2005
2. I. 1314/06 of 16 September 2006
3. I. 1446/07 of 27 July 2007
54928/12
15 August 2012
Ismeta ŠARENKAPIĆ
22 April 1960
Serbian
Municipal Court in Novi Pazar
1. P.1. 307/04 of 23 June 2004
2. P.1. 307/04 of 07 February 2005
3. P.1. 532/05 of 07 October 2005
4. P.1. 783/06 of 30 November 2006
Municipal Court in Novi Pazar
1. I. 277/06 of 27 March 2006
2. I. 446/06 of 10 May 2006
3. I. 1179/07 of 31 May 2007
54932/12
15 August 2012
Zumreta MAVRIĆ
24 May 1965
Serbian
Municipal Court in Novi Pazar
P.1. 564/07 of 02 November 2007
Municipal Court in Novi Pazar
I. 1973/07 of 10 December 2007
55319/12
22 August 2012
Rašid ZENOVIĆ
01 June 1952
Serbian
Municipal Court in Novi Pazar
1. P.1. 138/02 of 28 August 2003
2. P.1. 355/03 of 25/08/2003
Municipal Court in Novi Pazar
1. I. 836/03 of 10 October 2003
2. I. 1050/03 of 15 December 2003
56037/12
27 August 2012
Milika VELIMROVIĆ
25 April 1962
Serbian
Municipal Court in Novi Pazar
P.1. 759/04 of 06 October 2004
Municipal Court in Novi Pazar
I. 1973/05 of 30 January 2006
59898/12
10 September 2012
Rajna RADOVIĆ
13 October 3195
Serbian
Municipal Court in Novi Pazar
1. P.1. 842/04 of 10 March 2005
2. P.1. 493/07 of 20 June 2006
Municipal Court in Novi Pazar
1. I. 935/06 of 20 June 2006
2. I. 1175/06 of 28 August 2006
60416/12
06 September 2012
Dragoslavka VESELINOVIĆ
24 April 1958
Serbian
Municipal Court in Novi Pazar
P.1. 26/06 of 13 September 2006
Municipal Court in Novi Pazar
I. 1474/06 of 06 November 2006
60419/12
14 September 2012
Gordana KULUNDŽIĆ
27 March 1962
Serbian
Municipal Court in Novi Pazar
1. P.1. 1090/04 of 15 December 2004
2. P.1. 441/06 of 27 July 2006
Municipal Court in Novi Pazar
1. I. 32/06 of 14 February 2006
2. I. 223/07 of 14 March 2007
60863/12
15 September 2012
Vukosav MILJKOVIĆ
10 July 1948
Serbian
Municipal Court in Novi Pazar
P.1. 889/04 of 22 September 2004
P.1. 399/06 of 27 July 2006
P.1. 136/07 of 01 March 2007
Municipal Court in Novi Pazar
I. 50/06 of 14 February 2006
I. 217/07 of 14 March 2007
I. 854/07 of 11 May 2007
60868/12
31 August 2012
Novka JOKSIMOVIĆ
14 March 1957
Serbian
Municipal Court in Novi Pazar
P.1. 241/04 of 19 May 2004
P.1. 352/05 of 14 December 2005
P.1. 34/07 of 26 February 2007
Municipal court in Novi Pazar
I. 863/04 of 06 October 2004
I. 1850/06 of 29 December 2006
I. 647/07 of 05 April 2007
62958/12
13 September 2012
Stojanka DJOKOVIĆ
10 January 1960
Serbian
Municipal Court in Novi Pazar
P.1. 93/04 of 01 April 2004
P.1. 351/05 of 24 November 2005
P.1. 678/06 of 14 December 2006
P.1. 110/07 of 31 May 2007
Municipal Court in Novi Pazar
I. 521/04 of 28 June 2004
I. 350/06 of 18 April 2006
I. 437/07 of 29 March 2007
I. 72/08 of 29 January 2008
74770/12
16 November 2012
Mirsada ŠEHOVIĆ
03 November 1966
Serbian
Municipal Court in Novi Pazar
P.1. 918/04 of 12 October 2004
P.1. 463/06 of 28 March 2006
Municipal Court in Novi Pazar
I. 21/06 of 14 February 2006
I. 304/07 of 26 March 2007
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